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REPORT 


OF    THB 


^COMMITTEE, 


RELATING   TO  THE   DESTRUCTIOJV 


OF   THE 


WIB^WIiiaST^  ©DSTTHSr^, 


AUGUST  11,  1834 


BOSTON: 
J.    H.    EASTBURN,    CITY    PRINTER. 

1834. 


BUMl^IIVC^  OF  THE  URSULIME  €0]¥VEI¥T. 


At  a  public  meeting  of  the  citizens  of  Boston,  held  at  Faneuil  Hall,  on 
the  12th  day  of  x-iugust,  1834,  the  following  Resolutions  were  unanimous- 
adopted. 

Resolved,  That  in  the  opinion  of  the  citizens  of  Boston,  the  late  attack  on  the 
Ursuline  Convent  in  Charlestown,  occupied  only  by  defenceless  females,  was  a 
base  and  cowardly  act,  for  which  the  perpetrators  deserve  the  contempt  and  de- 
testation of  the  community. 

Resolved,  That  the  destruction  of  property  and  danorer  of  life  caused  thereby, 
calls  loudly  on  all  good  citizens  to  express  individually  and  collectively  the  ab- 
horrence they  feel  of  this  high-handed  violation  of  the  laws. 

Resolved,  That  we,  the  Protestant  citizens  of  Boston,  do  pledge  ourselves,  col- 
lectively and  individually,  to  unite  with  our  Catholic  brethren  in  protecting  their 
persons,  their  property,  and  their  civil  and  religious  rights. 

Resolved,  That  the  Mayor  and  Aldermen  be  requested  to  take  all  measures, 
consistent  with  law,  to  carry  the  foregoing  resolution  into  effect,  and  as  citizens, 
we  tender  our  personal  services  to  support  the  laws  under  the  direction  of  the 
city  authorities. 

Resolved,  That  the  Mayor  be  requested  to  nominate  a  committee  from  the  citi- 
zens at  large,  to  investigate  the  proceedings  of  tlie  last  night,  and  to  adopt  every 
suitable  mode  of  bringing  the  authors  and  abettors  of  this  outrage  to  justice. 

The  following  Committee  was  nominated  by  the  Mayor: — 

H.  G.  Otis,  John  D.  Williams,  James  T.  Austin,  Henry  Lee,  James  Clark, 
Cyrus  Alger,  John  Henshaw,  Francis  J.  Oljver,  Mark  Healy,  Charles  G.  Loring, 
C.  G.  Greene.  Isaac  Harris,  Thomas  H.  Perkins,  John  Rayner,  Henry  Gassett, 
Daniel  D.  Brodhead,  Noah  Brooks,  H.  F.  Baker,  Z.  Cook,  Jr.,  George  Darracott, 
Samuel  Hubbard,  Henry  Farnam,  Benjamin  F.  Hallett,  John  K.  Simpson,  John 
Cotton,  Benjamin  Rich,  William  Sturgis,  Charles  P.  Curtis. 

On  motion  of  Mr.  George  Bond,  the  committee  of  twenty-eight  were  requested 
to  consider  the  expediency  of  providuig  funds  to  repair  the  damage  done  to  the 
Convent,  &c. 

On  motion  of  John  C,  Park,  Esq.,  it  was 

Resolved,  That  the  Mayor  be  authorized  and  requested  to  offer  a  very  liberal 
reward  to  any  individual  who,  in  case  of  further  excesses,  will  arrest  and  bring 
to  punishment  a  leader  in  such  outrages. 

THEODORE  LYMAN,  Jr.,  Chaiiman. 

Zebedee  Cook,  Jr.,  Secretary. 


The  Committee  appointed  at  Faneuil  Hall,  at  ♦he  meeting  on  the  I2ih 
ult.,  to  investigate  the  recent  outrages  in  Charlestown,  and  take  measures 
for  bringing  the  perpetrators  to  justice,  and  also  to  consider  tlie  expediency 
of  providing  funds  to  repair  the  damage  done  to  the  Convent,  believing  that 
an  account  of  their  proceedings  and  of  the  results  of  their  inquiries  may  be 
acceptable,  respectfully 

REPORT, 

That,  upon  the  second  day  succeeding  that  of  their  appointment,  they 
entered  upon  the  discharge  ot  their  duties,  and  continued  in  session  every 
day  from  9  A.  M.  to  sunset,  with  the  intermission  of  Sundays  and  the  usual 
time  for  dining,  until  the  27th  ult.,  when  the  afternoon  sittings  were  dis- 
pensed with. 

The  most  active  and  vigorous  measures  within  the  scope  of  their  author- 
ity were  adopted  to  obtain  intelligence,  and  have  been  persevered  in  (ill  the 
present  time — sub-committees  being  frequently  despatched  to  various  parts 
of  the  city  and  to  the  neighbouring  towns,  and  messengers  con.stantly  em- 
ployed to  obtain  the  attendance  of  such  persons  as  were  supposed  capable  of 
giving  useful  information. 

The  number  of  which  the  Committee  was  originally  composed,  being 
insufficient  for  the  discharge  of  its  various  and  arduous  duties,  and  some 
of  the  gentlemen  appointed,  having  declined  the  service,  the  aid  of  several 
others  was  requested,  who  have  been  among  the  most  efficient  of  its 
members. 

The  Committee  being  invested  with  no  power  to  compel  appearance,  or 
take  examinations  under  oath,  were  careful  to  notify  those  who  came  before 
them,  that  their  attendance  and  statements  were  entirely  voluntary  ;  and 
that  no  use  would  be  made  of  the  information  they  might  give,  unless  it 
should  be  thought  necessary  to  summon  them  as  witnesses  before  a  magis- 
trate or  judicial  tribunal.* 

In  this  manner  more  than  one  hundred  and  forty  persons,  and  some  of 
them  repeatedly,  have  been  examined,  and  much  important  information  has 
been  procured,  which  has  led  to  the  arrest  of  several  individuals,  and  con 

*This  latter  assurance  \vasj;iveii  to  inor-t  (if  liie  ijersiuis  u  lio  appeared  in  lije  Coiiiiiiittee  Knom,  iti 
order  to  remove  the  appreliensions  entertained  hy  them  or  some  of  them,  for  tlieir  personal  safety,  if 
it  ghould  heeonie  known  to  the  rioters  or  their  friends  that  they  had  given  information  to  the  Commit- 
tee, inculpating  persons  concerned  in  the  not — Sub  Committee. 


stituted  important  additions  to  the  evidence  upon  which  other  arrests  hare 
been  made;  and,  it  is  hoped,  will  lead  to  further  disclosures.  But  it  is  ob- 
vious that  any  statement  of  the  testimony  would,  at  this  time,  be  improper. 

'J'he  whole  numberof  arrests  and  commitments  made  by  the  efforts  of  the 
Charlestown  Committee  and  Magistrates,  and  of  this  Committee,  is  thirteen  ; 
of  which,  eight  are  upon  charges  of  a  capital  nature. 

It  appeared  immediately  upon' commencing  the  investigation,  that  the  de- 
struction of  the  Convent  might  be  attributed  primarily  to  a  widely  extended 
popular  aversion,  founded  in  the  belief,  thnt  the  establishment  was  obnox- 
ious to  those  imputations  of  cruelty,  vice,  and  corruption,  so  generally  cred- 
ited of  similar  establishments  in  other  countries,  and  was  inconsistent  with 
the  principles  of  our  national  institutions  and  in  violation  of  the  laws  of  the 
Common\veaIth. 

And  which  aversion  in  the  minds  of  many,  had  been  fomented  to  hatred, 
by  representations  injurious  to  the  moral  reputation  of  the  members  of  that 
community,  attributing  to  them  impurity  of  conduct,  and  excessive  cruelties 
in  their  treatment  of  each  other,  and  of  the  pupils  ;  and  denunciatory  of  the 
institution,  as  hostile,  in  its  character  and  inPiuences,  alike  to  the  laws  of  God 
and  man  :  and  also  by  reports,  that  one  of  the  sisterhood,  Mrs  Mary  John' 
formerly  Miss  Elizabeth  Harrison,  after  having  fled  from  the  Convent  to 
escape  its  persecutions,  and  then  been  induced  by  the  influence  or  threats 
of  Bishop  Fenwick  to  return,  had  been  put  to  death,  or  secretly  imprisoned, 
or  removed  ;  so  that  her  friends  could  neither  see  nor  obtain  information 
concerning  her.  These  assertions  and  reports  were  not  only  prevalent  in 
this  city  and  its  vicinity,  but,  the  Committee  have  reason  to  believe,  perva- 
ded many  distant  parts  of  the  Commonwealth,  and  have  extended  into 
other  States  ;  affording  a  monitory  lesson  of  the  extent  and  excitability  of 
public  credulity  when  in  accordance  with  popular  prejudice. 

It  was  doubtless  under  the  influence  of  these  feelings  and  impressions, 
that  some  of  the  conspirators  were  led  to  design  the  destruction  of  the  Con- 
vent, and  to  avail  themselves  of  the  aid  of  those  miscreants,  who,  actuated 
by  the  love  of  violence,  or  the  hope  of  plunder,  were  the  foremost  in  the 
perpetration  of  the  outrage. 

The  Committee,  therefore,  considered  it  an  important  part  of  their  duty 
to  make  faithful  inquiry  into  the  character  of  the  institution,  and  into  the 
truth  of  assertions  and  reports  of  such  fatal  influence  ;  !  elieving  that  au- 
thentic information  upon  these  subjects  was  demanded  in  justice  to  the  suf- 
ferers and  the  public  ;  and  might  be  instrumental  in  leading  to  the  detec- 
tion of  those  who  had  instigated  or  aided  in  the.  commission  of  the  crime  ; 
and  who,  it  is  feared,  are  still,  in  great  measure,  sheltered  by  the  preva- 
lence of  the  impressions  above  referred  to. 

The  Committee  are  not  influenced  in  communicating  the  result  of  this 
inquiry,  by  any  impression  that  the  truth  of  the  imputations,  if  established, 
would  have  constituted  any  jii.<tiji cation  of  the  wrong  ;  being  entirely  of 
opinion,  that  whatever  might  have  been  tVP  character  of  the  institution,  or 
the  deportment  of  its  members,  they  could  give  no  sanction  lo  this  high- 
handed violation  of  the  law.  Still  less  can  it  be  supposed  that  they  have 
any  disposition  to  aid  in  the  dissemination  of  the  Catholic  Faith,  being  u- 
nanimously  opposed  to  its  characteristic  tenets. 

But  having  discovered  the  existence  of  the  prepossessions   so   generally 


prevalent,  and  perceiving  how  much  they  affected  the  disposition  of  those 
called  to  give  testimony,  and  how  often  they  were  referred  to  as  a  pallia- 
tion of  the  ofTence,  they  have  felt  imperatively  bound  by  a  regard  for  truth, 
by  a  just  appreciation  as  they  hope  of  tlie  candour  of  their  fellow  citizens, 
and  also  by  a  sense  of  justice  to  the  injured,  to  make  known  the  conclu- 
sions, to  which  the  evidence  before  them  has  irresistibly  led.  And  in 
doing  this,  they  are  careful  to  make  no  statements  but  ihose  of  which  they 
consider  themselves  to  have  evidence  amply  suScient  to  sustain  them,  were 
they  inquesiion  before  a  judicial  tribunal. 

The  Institution  at  Chailestovvn  was  of  the  Ursuline  Order,  which  was 
first  established  in  the  year  '536,  for  the  purposes  of  administering  relief 
to  the  sick  and  the  afflicted,  and  of  superintending  the  education  of  female 
youth:  asid  so  exemplary  had  been  the  character  and  deportment  of  this 
order  of  Nuns,  and  so  extensively  beneficial  were  their  services  in  the  cause 
of  education  and  Christian  cliarity,  that,  when  other  convents  were  abol- 
ished by  many  Governn:ents  in  Europe,  these  alone  were  not  only  permit- 
ted, but  encouraged  to  remain. 

Unlike  the  other  order  of  ('onvents,  into  which  the  n)embers  repaired  for 
the  avowed  purposes  of  religious  seclusion  from  the  pleasures  and  duties  of 
the  world,  and  in  which  corruptions  and  abuses  might  be  supposed  to  exist 
beyond  the  reach  of  human  detection,  the  members  of  this  religious  com- 
munity, by  the  necessity  of  their  order  and  by  their  vows,  devote  them- 
selves to  those  services  in  the  cause  of  humanity,  which  render  them  at  all 
times  subjects  of  public  observation  ;  and  expose  their  personal  deportment, 
as  well  as  the  character  of  their  institution,  to  the  strictest  scrutiny. 

However  just,  therefore,  might  be  the  popular  odium  against  an  institu- 
tion which  secluded  its  members  from  the  occupations  and  enjoyments  of 
life,  cutting  them  off  from  the  sympathies  of  society,  and  dooming  them  to 
an  irrevocable  concealment,  into  which  the  eye  of  friendship  and  affection 
could  never  penetrate,  and  where  suffering  might  be  without  remedy,  and 
crime  without  punishment,  there  can  be  no  rational  pretence  for  similar 
feelings  towards  an  institution,  whose  members  were  openly  engaged  in  the 
most  useful  and  elevated  offices  of  humanity  in  the  presence  of  the  world  ; 
who  had  it  in  their  power  to  leave  the  institution  at  their  pleasure ;  and 
whose  dwelling  was  filled  with  those  who  were  not  members  of  their  com- 
munity, and  accessible  at  proper  times  to  the  parents  and  friends  of  its  nu- 
merous inmates. 

The  institution  in  question  was  founded  in  the  year  1820,  by  Doctors 
Matignon  and  Cheverus,  whose  names  will  be,  in  this  community,  a  suffi- 
cient guaranty  of  its  purity  and  Christian  character,  with  funds,  given  by  a 
native  citizen  of  Boston.  By  their  invitation,  four  ladies  of  the  Ilrsu- 
line  Order,  emigrated  to  this  country  in  the  year  1820,  and  established 
themselves  at  first  in  this  city.  They  afterwards,  in  the  year  1826,  remov- 
ed to  Charlestown,  and  occupied  the  Farm  House  at  the  foot  of  Mt.  Bene- 
dict until  the  main  building  on  its  summit  was  fitiished  in  the  year  1627. 
In  the  mean  time  the  reputation  of  their  Seminary  was  widely  extended, 
and  the  number  of  pupils  from  all  the  New  England,  and  from  many  of  the 
Southern  States,  and  the  British  Provinces,  rapidly  increased  ;  so  that  in  the 
year  1829,  it  was  found  necessary  to  add  two  large  wings  to  the  building 
for  their  accommodation. 


The  nuj)iber  of  Nuns  ha.s  varied  at  ditferent  times  from  four  to  ten,  each 
of  whom  performed  a  distinct  part  in  the  care  of  the  establishment,  or  the 
education  of  the  children.  For  admission  as  a  member  of  this  community, 
the  candidate,  after  a  preliminary  period  of  probation,  enters  upon  a  novi- 
ciate for  two  years  by  taking  tlie  white  veil,  in  order  to  give  her  am])le 
time,  after  full  experience  of  the  discipline,  duties  and  principles  of  the 
Institution,  to  determine  v/hether  ihey  are  such  as  she  shall  be  solicitous  to 
enter  upon  for  life.  During  this  period  no  restraints  by  religious  vows  or 
otherwise  are  imposed  to  prevent  her  secession  from  the  establishment, 
and  the  Committee  have  plenary  evidence  from  those  who  have  thus 
seceded,  of  their  freedom  in  this  respect. 

Upon  receiving  the  black  veil,  the  religious  vow  is  taken  of  devotion  to 
the  Institution  for  life  ;  but  even  then  no  forcible  means  could  be  exercis- 
ed to  detain  any  one,  who  might  choose  to  return  to  the  world  ;  and  their 
legal  right  to  do  so,  is  perfectly  well  understood  by  every  member  of  that 
community. 

No  penances  or  punishments  are  ever  forcibly  enforced  or  inflicted  ; 
they  are  not  only  always  voluntary,  but  can  never  even  thus  take  place,  but 
by  permission  of  the  head  of  the  order,  which  is  not  granted  unless  the 
applicant  be  in  good  health. 

The  Committee  do  ntjt  mean  to  be  understood,  as  believing,  that  there 
may  not  be  a  mental  subjection,  not  less  effectual  upon  the  individuals  con- 
cerned than  one  created  by  external  force  ;  but  they  consider  this  a  matter 
of  religious  faith,  resting  entirely  between  themselves  and  the  only  Being  to 
whom  they  are  accountable  ;  and  one  which  neither  renders  them  amena- 
Dle  to  public  law,  nor  in  any  degree  justly  obnoxious  to  popular  odium. 

Some  of  those,  who  after  entering  upon  their  noviciate  seceded  from  the 
Convent,  still  retain  the  warmest  affection  for  its  members,  and  bear  willing 
testimony  to  their  unvaried  kindness  and  the  purity  and  excellence  of  their 
deportment. 

The  number  of  pupils  has  varied  foin  forty  to  sixty,  during  each  of  the 
past  five  years,  being  for  the  most  part  children  of  those  among  the  most 
reputable  families  in  the  country  of  various  religious  denominations,  (the 
number  of  Catholics  never  exceeding  ten  at  any  one  time)  and  wholly 
unrestrained  in  their  communications  with  their  friends  concerning  all 
that  transpired  in  the  seminary. 

No  means  were  taken  to  influence  or  affect  their  religious  opinions  ;  their 
attendance  upon  the  services  in  the  chapel  was  voluntary,  never  exacted. 
The  only  religious  services,  forming  a  part  of  the  system,  were  morning  and 
evening  prayers,  common  to  all  christians,  and  discourses  by  the  Bishop, 
on  Sundays,  upon  the  practical  truths  and  religious  duties  which  are  pe- 
culiar to  no  sect.  Nor  can  it  be  ascertained  that  any  pupil  placed  under 
their  charge  for  the  purposes  of  education,  has  been  converted  from  any  other 
to  the.  Catholic  faith,  or  induced  to  become  a  member  of  the  community. 

Of  these  facts  and  of  the  truly  maternal  kindness  with  which  the  chil- 
dren were  uniformly  treated,  and  of  their  filial  affection  to  the  ladies  of  the 
establishment,  and  of  the  entire  confidence  and  respect  to  which  they  are 
entitled,  the  Committee  have  the  fullest  assurances  both  from  children  and 
parents.  Nor  can  it  be  believed  that,  if  undue  severity  had  been  exercised 
upon  the  pupils ;  or  harshness,  or  cruelty  had  been  inflicted  upon  any  mem- 


ber  of  the  community  ;  or  if  any  thing  inconsistent  with  purity  of  deport- 
ment had  existed,  it  could  have  escaped  the  scrutinizing  observation  of  so 
many  inquisitive  and  active  minds  ;  or  could  fail  to  be  communicated  to 
their  friends ;  and  still  less  can  it  be  believed,  that  upon  a  disclosure  of 
this  sort,  a  father  or  mother  could  be  found  who  w^ould  suffer  a  daughter  to 
xemain  under  their  roof 

In  pursuing  their  inquiries  into  the  truth  of  the  injurious  representations 
and  reports  above  referred  to,  members  of  the  Committee  have  had  an 
interview  with  the  young  lady  upon  whose  authority  they  were  generally 
supposed  to  rest.  She  entirely  disclaimed  most  of  those  passing  under  the 
sanction  of  her  name,  and  parti  cularli/  all  affecting  the  moral  -purity  of  the 
members  of  the.  Institution,  or  the  ill  treatment  of  the  pupils  under  their 
care,  and  confined  her  accusations  to  the  system  of  severe  penance  which 
she  alleges,  the  nuns  and  noviciates  were  compelled  to  suffer  for  the  most 
trivial  offences,  or  for  the  purposes  of  religious  discipline — to  restraints 
imposed  upon  those  who  were  members  of  the  community  or  subject  to  its 
rules — and  to  cruelties  alleged  to  have  been  inflicted  in  the  form  of  pen- 
ance upon  a  member  of  the  community  in  her  last  illness^  by  which  her 
life  was  shortened. 

From  her  statement,  therefore,  it  is  evident  that  there  could  be,  ex- 
cepting in  the  subject  of  the  last  accusation,  no  cause  of  public  com- 
plaint; inasmuch  as  the  other  evils  alleged,  if  existing,  were  confined  to 
those  who  were  voluntarily  members  of  the  institution,  affecting  neither  the 
property  nor  the  happiness  of  other  individuals,  nor  tending  in  any  wise  to 
the  injury  of  the  public  morals,  or  a  violation  of  law. 

It  further  appears  that  her  means  of  knowledge  were  derived  from  her 
having  become  a  voluntary  inmate  of  the  house,  for  the  purpose  of  receiv- 
ing a  gratuitous  education,  and  passing  a  term  of  probation  for  six  months 
preparatory  to  her  entering  upon  her  noviciate  as  a  Nun,  if  she  should  be 
considered  by  the  sisterhood  as  qualified,  and  continue  desirous  so  to  do. 

The  principal  facts  stated  by  her  which  it  is  deemed  of  importance -to 
notice,  are,  that  she  was  led  to  depart  from  the  Convent  secretly  before  the 
expiration  of  her  term  of  probation  by  overhearing  a  conversation  between 
Bishop  Fenwick  and  the  Superior,  in  which  it  was  intimated  or  threaten- 
ed that  she  should  be  sent  into  the  British  Provinces ;  and  that  the  life  of 
the  Nun  above  mentioned  was  shortened  by  the  severities  and  penances 
imposed  upon  her  during  the  illness  which  terminated  in  her  death. 

The  Superior  and  Bishoj)  Fenwick,  between  whom  the  above  conversa- 
tion is  alleged  to  have  been  heard,  have  both  denied  to  the  Connnittee  that 
any  such  ever  took  place,  and  appealed  to  the  fact,  that  it  was  well  known, 
not  only  among  the  members  of  the  Institution,  but  the  pupils  generally, 
that  this  young  woman  was  not  esteemed  qualified  to  become  a  member 
of  the  community,  but  was  to  be  dismissed  at  the  end  of  her  probation ; 
and  of  this  fact  the  Committee  have  the  assurance  of  several  of  the  pupils. 

And  with  regard  to  the  allegation  of  cruelty  towards  the  deceased  Nun, 
the  Committee  have  not  only  the  contradiction  of  all  the  members  of  the 
establishment,  including  tw^o  of  her  sisters  by  birth,  who  were  with  her  dur- 
ing her  sickness  and  at  the  time  of  her  death ;  but  also  a  written  statement 
from  Dr.  Thompson,  an  eminent  Physician  in  Charlestown,  who  attended 
her,  of  the  origin,  nature  and  progress  of  her  disease,  and  of  the  manner  in 


8 

wliicli  she  was  nursed  and  treated  under  his  direction ;  from  which  it 
would  appear,  that  the  tenderest  care  and  solicitude  were  uniformly  mani- 
fested for  her  comfort,  and  that  all  was  done  to  smooth  the  pillow  of  sick- 
ness and  death,  which  religious  duty  or  sisterly  aftection  could  dictate. 

And  concerning  the  probation  of  the  young  woman  abovementioned,  and 
her  secret  and  sudden  departure,  it  is  stated  by  the  ladies  of  the  Institution 
and  by  others  who  were  at  that  time  in  the  Convent,  that  previously  to  being 
received  on  trial,  she  had  made  several  earnest  applications  for  admission, 
alleging  that  she  was  solicitous  to  find  shelter  in  their  coumiunity  :  that  her 
applications  were  refused  in  the  apprehension,  that  she  was  not  a  suitable 
candidate  to  become  a  member  of  it :  that  then  she  made  similar  applications 
to  some  of  the  clergy,  through  whose  nilervention  and  after  a  written 
communication  to  her  father,  which  was  never  answered,  she  was  finally 
received,  and  was  immediately  placed  under  a  course  of  instruction  in  ele- 
mentary learning,  and  in  ujusic  ;  that  up  to  the  time  of  her  departure, 
she  appeared  grateful  for  the  kindness  and  instruction  which  she  had  re- 
ceived, and  expressed  an  earnest  desire  to  be  permitted  to  enter  upon  her 
noviciate  ;  but  it  being  judged  that  she  was  not  qualified  to  be  admitted 
into  the  comnmnity  as  one  of  its  members,  it  had  been  resolved  to  dismiss 
her  at  the  end  of  six  months,  when  her  unexpected  departure  relieved  them 
from  this  painful  necessity. 

It  is  also  proper  to  state  that  many  of  the  representations  made  by  this 
individual,  of  the  nature  of  the  penances  and  restraints  imposed  in  the  Con- 
vent, are  denied  by  the  united  testimony  of  all  its  present  members  and  of 
others  who  were  resident  there  in  their  noviciate  or  as  domestics,  during 
the  time  when  these  abuses  are  alleged  to  have   taken  place. 

As  to  the  reports  in  relation  to  the  supposed  murder  or  secretion  of 
Miss  Harrison,  it  is  only  necessary  for  the  Committee  to  recapitulate  the 
facts  already  before  the  public,  with  the  further  assurance  that  the  relation 
has  been  personally  conjirmcd  by  her  to  some  of  them,  who  were  well  ac- 
quainted with  her  before  the  (lestniction  of  the  Convent,  and  have  repeat- 
edly seen  and  conversed  with  her  since. 

This  female,  a  native  of  Philadelphia,  entered  upon  her  noviciate  in  the 
Institution  in  the  year  1822,  and  became  a  member,  in  full  communion,  in 
the  year  1824,  after  knowledge  and  experience  of  the  principles  and  rules 
of  it,  and  of  the  manners  and  dispositions  of  its  members.  She  has  one 
brother  and  a  brother-in-law  living  in  this  city,  with  whom  she  has  constant 
intercourse  and  who  have  been  accustomed  to  visit  her  at  the  Convent  at 
pleasure. 

She  is  the  teacher  of  music  in  the  Seminary,  and  for  some  time  before 
the  28th  day  of  July,  had  been  engaged  in  giving  fourteen  lessons  per  day, 
of  at  least  forty-five  minutes  each,  and  by  the  confinement  and  exertion  of 
these  arduous  eflforts,  had  impaired  her  health  and  was  suffering  under  a 
nervous  excitement  or  fever,  which,  on  that  day,  increased  to  a  delirium  ;  un- 
der the  influence  of  which  unconsciously  to  herself,  she  left  the  house  and 
proceeded  to  that  of  Mr.  Edward  Cutter  in  the  immediate  neighborhood, 
whence  at  her  request,  she  was  carried  to  the  residence  of  Mr  Cotting,  in 
West  Cambridge. 

On  the  morning  after  her  departure,  her  brother,  Mr  Thomas  Harrison, 
of  this  city,  went  to  her  and  found  her  surprised  at  the  step  she  had  taken  ; 


9 

at  her  request  he  accomj>anied  Bishop  Fenvvick.  there  in  the  atternoon,  ajid 
she  gladly  returned  with  them  to  the  Convent ;  where  she  was  welcomed  by 
her  anxious  friends,  and  remained  until  the  night  of  the  outrage,  receiv- 
ing from  them  every  kindness  and  attention  which  her  situation  required. 

The  story  of  her  flight  and  of  her  alleged  forcible  return,  and  subse- 
quent death  or  removal,  had,  however,  obtained  such  currency  and  was  so 
generally  believed  in  Charlestown  and  the  neighboring  towns,  that  the  Se- 
lectmen of  that  place  considered  it  their  duty  to  investigate  the  affair  ; 
and  upon  application  to  the  Superior,  a  time  of  their  own  appointment  was 
fixed  by  the  Board  to  visit  the  Convent.  Accordingly  on  the  11th  August, 
at  3  P.  M.  they  repaired  there  in  a  body  and  were  received  by  Miss  Har- 
rison, the  Nun  who  was  supposed  to  be  murdered  or  secreted,  and  were,  by 
her  alone,  conducted  throughout  the  establishment,  into  every  room  and 
closet,  from  the  cellar  to  the  cupola,  inclusive,  and  were  answered  every  in- 
quiry which  they  saw  fit  to  make. 

The  result  of  this  examination  was  their  entire  satisfaction  "  that  every 
thing  was  right,"  and  they  proceeded  from  the  building  to  the  house  of  one 
of  their  number  in  the  neighborhood,  to  prepare  a  certificate  to  that  effect, 
to  be  published  in  the  papers  of  the  following  day. 

The  Committee  have  been  unable  to  find  any  report  in  circulation  injurious 
to  the  reputation  of  the  members  of  the  community,  which  may  not  be  traced 
to  one  of  the  above  sources,  or  which  has  any  other  apparent  foundation. 

And  having  thus  given  to  the  public  an  authentic  statement  of  all  the 
facts  affecting  the  character  and  reputation  of  the  Institution  and  its  mem- 
bers, so  far  as  they  have  come  to  their  knowledge,  and  of  v.hich  they  have 
abundant  proof,  the  Committee  have  acquitted  themselves  of  liiis  part  of  their 
duty  and  leave  to  their  fellow  citizens  the  question,  whether  this  Institution 
was  in  any  degree  obnoxious  to  the  fatal  imputations  so  generally  circulated 
and  believed,  or  to  the  public  odium  so  unfortunately  prevalent. 

for  some  time  previous  to  the  1  Ith  day  of  August,  the  excitement  of  the 
public  mind  had  become  so  great  in  Charlestown,  that  the  destruction  of 
the  Convent  was  the  subject  of  frequent  threats  and  conversation,  and  on 
the  preceding  day  inflammatory  hand-bills  had  been  posted. 

There  can  be  no  doubt  that  a  conspiracy  had  been  formed,  extending 
into  many  of  the  neighboring  towns,  but  the  Committee  are  of  opinion  that 
it  embraced  very  fev/  of  respectable  character  in  society  :  though,  some 
such  may  perhaps  be  accounted  guilty  of  an  offence,  no  less  heinous, 
morally  consida-cd,  in  having  excited  the  feelings  which  led  to  the  design, 
or  countenanced  and  instigated  those  engaged  in  its  execution.  And  there 
is  reason  to  believe,  that  those  who  had  determined  on  the  destruction  of 
the  building,  were  induced  to  an  earlier  accomplishment  of  their  purpose 
than  was  originally  intended,  by  a  publication  in  the  Mercantile  Journal 
headed  "  Mysterious,"  (aftervv^ards  copied  into  other  papers)  which,  it  ap- 
pears, was  inserted  by  the  news-gatherer  of  that  journal,  without  other 
authority  than  the  idle  gossip  then  prevalent  in  Charlestown,  (the  falsehood 
of  which  might  have  been  ascertained  at  any  time  by  a  walk  of  a  few 
minutes  from  the  office  to  the  proper  place  of  inquiry:)  and  also  by  a  knowl- 
edge that  the  Selectmen  had  made  their  isvestigation,  and  the  apprehension 
tha!  a  publication  of  its  result,  might,  by  allaying  the  principal  cause  of  the 
excitement,  prevent  its  execution. 


TO 

Soon  after  sunset  several  persons  were  seen  at  the  gate  of  the  avcnuo 
leading  from  the  road  to  the  Convent,  and  on  being  inquired  of  coiicerninff 
the  reason  of  being  there,  gave  evasive  and  impertinent  answers  ;  but  there 
was  nothing  in  their  language  or  numbers  which  led  to  the  belief  that  a 
serious  riot  was  to  be  apprehended.  Immediate  information,  however,  was 
given  of  the  fact  to  one  or  more  of  the  Selectmen,  and  assurances  were 
made  in  reply  that  no  danger  could  posj;ibly  be  anticipated. 

Soon  after  9  o'clock,  the  rioters  began  to  assemble  in  considerable  num- 
bers, arriving  on  foot  and  in  wagons  from  different  quarters  ;  and  a  party  of 
about  forty  or  fifty  proceeded  to  the  front  of  the  building,  using  violent  and 
threatening  language ;  they  were  addressed  by  the  Lady  at  the  head  of 
the  establishmeiit,  who,  desiring  to  know  their  wishes,  was  replied  to  that 
they  wanted  to  enter  and  see  the  person  alleged  to  be  secreted ;  she 
answered,  that  their  Selectmen  had  that  day  visited  the  house  and  could 
give  them  satisfactory  information,  and  that  any  of  them  on  calling  the  next 
d*iy  at  a  suitable  hour,  might  see  for  themselves  ;  at  the  same  time  remon- 
strating against  such  violation  of  the  peace  and  of  the  repose  of  so  many 
children  of  their  most  reputable  citizens. 

Shortly  afterwards  the  same,  or  another  party  with  increased  numbers 
approached  the  Convent,  using  still  more  threatening  and  much  gross  and 
indecent  language  ;  the  Lady  above  referred  to  again  addressed  them  in 
terms  of  remonstrance  and  reproach,  and  desired  to  know  whether  none  of 
their  Seiectmcn  were  present ;  some  of  them  replied  that  one  was  there, 
mentioning  his  name ;  he  then  came  forward  and  announced  his  presence, 
stating  that  he  was  there  for  the  purpose  of  defending  her.  She  inquired 
whether  he  had  procured  the  attendance  of  any  others  of  the  Board  ;  and 
upon  being  answered  in  the  negative,  replied  that  she  would  not  trust  the 
establishment  to  his  protection,  and  that  if  he  came  there  to  protect  them, 
he  should  show  it  by  taking  measures  to  disperse  the  mob. 

It  appears  from  various  testimony  that  he  did  attempt  to  dissuade  the 
rioters  from  their  design,  by  assurances  that  the  Selectmen  had  seen  the 
Nun  who  was  supposed  to  have  been  secreted,  and  that  the  stories  reported 
concerning  her  were  untrue — but  his  .assertions  drew  forth  only  expressions 
of  distrust  and  insult.  The  mob  continued  upon  the  ground  with  much 
noise  and  tumult  and  were  in  that  state  left  by  this  Magistrate,  who  re- 
turned home  and  retired  to  bed. 

At  about  eleven  o'clock,  a  bonfire  was  kindled  on  the  land  of  Alvah 
Kelly,  adjoining  that  of  the  eastern  boundary  of  the  Convent,  and  distant 
about  two  hundred  and  seventy  yards  from  the  building,  the  fences  of 
which  were  taken  for  the  purpose  ;  this  is  believed  to  have  been  a  concert- 
ed signal  for  the  assembling  of  all  concerned  in  the  plot. 

The  be!ls  were  then  rung  as  for  an  alarm  of  fire  in  Charlestown  and  in  this 
city,  and  great  multitudes  arrived  from  all  quarters.  Upon  this  alarm  the 
Magistrate  above  mentioned  arose  and  proceeded  to  procure  the  attendance 
of  others  of  the  Selectmen.  In  the  meantime  the  Charlestown  engines  and 
some  from  Boston  had  arrived,  one  of  the  latter  of  which  passing  those 
of  Charlestown,  which  had  halted  opposite  the  bonfire,  immediately  pro- 
ceeded into  the  avenue  leading  to  the  Convent,  where  her  arrival  was  greet- 
ed with  a  .shout  from  some  of  the  rioters  upon  the  hill  and  among  the  shrubbe- 
ry, many  of  whom  seizing  hold  of  the  rope,  proceeded  with  her  up  the  avemie, 


11 

around  the  circular  walk  to  the  front  of  the  building,  when  the  attack  was 
instantly  commenced  by  the  breaking  of  fences,  and  the  hurling  of  stones 
and  clubs  against  the  windows  and  doors.  Upon  this  the  engine,  by  the 
order  of  its  commander,  was  immediately  carried  down  into  the  road  and 
stationed  opposite  the  gate,  where  it  remained  during  the  night* 

At  the  time  of  this  attack  upon   the  Convent  there  were  within  its  wall 
about  sixty  female   children  and  ten  adults  ;  one  of  whom  was  in  the  las' 
stages  of  pulmonary   consumption,  another  suffering  under  convulsion  fits. 
and  the  unhappy  female,  who  had  been  the  immediate  cause  of  the  excite- 
ment, was  by  the  agitations  cf  the  night  in  raving  delirium. 

JNo  warning  was  given  of  the  intended  assault,  nor  could  the  miscreants, 
by  whom  it  was  made,  have  known  whether  their  missiles  might  not  kill  or 
wound  the  helpless  inmates  of  this  devoted  dwelling.  Fortunately  for  thera, 
cowardice  prompted  what  mercy  and  manhood  denied  :  after  the  first  attack, 
the  assailants  paused  awhile  from  the  fear  that  some  secret  force  was  con- 
cealed in  the  Convent  or  in  ambush  to  surprise  them  ;  and  in  this  interval  the 
Governess  was  enabled  to  secure  the  retreat  of  her  little  flock  and  terrified 
sisters  into  the  garden.  But  before  this  was  fully  (iffected,  the  rioters,  find- 
ing they  had  nothing  but  women  and  children  to  contend  against,  regained 
their  courage,  and  ere  all  the  inmates  could  escape,  entered  the  building. 

It  appears  that  during  these  proceedings  the  Magistrate  above  referred 
to,  with  another  of  the  Selectmen,  had  arrived  and  entered  the  Convent 
with  the  rioters,  for  the  purpose,  as  they  state,  of  assisting  its  inmates. 
The  mob  had  now  full  possession  of  the  house  and  loud  cries  were  heard 
for  torches  or  lights  ;  one  of  the  Magistrates  in  question  availed  himself  of 
this  cry  to  deter  the  rioters  from  firing  the  building,  by  stating,  that  if  lights 
were  brought  they  might  be  detected. 

Three  or  four  torches  which  were,  or  precisely  resembled  engine  torches, 
were  then  brought  up  from  the  road  ;  and  immediately  upon  their  arrival, 
the  rioters  proceeded  into  every  room  in  the  building,  rifling  every  drawer, 
desk,  and  trunk,  which  they  found,  and  breaking  up  and  destroying  all  the 
furniture  and  casting  much  of  it  from  the  windows  ;  sacrificing  in  their 
brutal  fury,  costly  piano  fortes  and  harps,  and  other  valuable  instruments  ; 
the  little  treasures  of  the  children,  abandoned  in  their  hasty  flight ;  and 
even  the  vessels  and  symbols  of  Christian  worship. 

After  having  thus  ransacked  every  room  in  the  building,  they  proceeded 
with  great  deliberation,  about  one  o'clock,  to  make  preparation  tor  setting 
fire  to  it.  For  this  purpose  broken  furniture,  books,  curtains,  and  oiher 
combustible  materials,  were  placed  in  the  centre  of  several  of  the  rooms  ; 
and,  as  if  in  mockery  of  God  as  well  as  of  man,  the  Bible  was  cast,  with 
shouts  of  exultation,  upon  the  pile  first  kindled  ;  and  as  upon  this  were  sub- 
sequently thrown  the  vestments  used  in  religious  service,  and  the  orna- 
ments of  the  altar,  these  shouts  and  yells  were  repeated.  Nor  did  they 
cease  until  the  Cross  was  wrenched  from  its  place,  and  cast  into  the  flames, 
as  the  final  triumph  of  this  fiend-like  e.nterprise. 

But  the  work  of  destruction  did  not  end  here  Soon  after  the  Convent 
was  in   flames,  the  rioters   passed  to  the  library,  or  Bishop's  lodge,  which 

*  Most  oCtlio  nieinbers  of  this  Company  have  been  before  the  Committee,  and  deny  any  previous 
knowledge  of  a  design  to  destroy  the  Convent,  or  any  participation  in  the  riot;  and  it  has  been 
stated  in  the  public  prints  that  the  evamining  Magistrates  of  Charlestown  expressed  their  opinion 
•hat  this  Company  stood  fully  acquitted  of  all  concern  in  it. 


12 

stood  noiir,  and  after  throwing  the  books  and  pictures  from  the  windows,  a 
prey  to  tliose  without,  tired  that  also. 

Some  time  afterwards  they  proceeded  to  the  farm-honse,  formerly  occu- 
pied as  the  Convent,  and  first  making  a  similar  assault  with  stones  and 
clubs  upon  the  doors  and  windows,  in  order  to  ascertain  whether  they  had 
any  thing  to  fear  fi-om  persons  within,  the  torches  were  deliberately  applied 
to  that  building  ;  and,  unwilling  to  leave  one  object  connected  witli  the 
Rstablishmcnt  to  escape  their  fury,  although  the  day  had  broken,  and  three 
buildings  were  then  in  flames  or  reduced  to  ashes,  the  extensive  barn,  with 
its  contents,  was  in  like  manner  devoted  to  destruction.  And  not  content 
with  all  this,  they  burst  open  the  tomb  of  the  establishment,  rifled  it  of  the 
sacred  vessels  there  deposited,  wrested  the  plates  from  the  coffins,  and  expo- 
sed to  view  the  mouldering  remains  of  their  tenants. 

Nor  is  it  the  least  humiliating  feature  in  this  scene  of  cowardly  and  au- 
dacious violation  of  all  that  man  ought  to  hold  sacred  and  dear,  that  it  was 
perpetrated  in  the  presence  of  men  vested  with  authority,  and  of  multitudes 
of  our  fellow  citizens,  while  not  one  arm  was  lifted  in  the  defence  of  help- 
less women  and  children,  or  in  vindication  of  the  violated  laws  of  God  and 
man.  The  spirit  of  violence,  sacrilege,  and  plunder,  reigned  triumphant. 
Crime  alone  seemed  to  confer  courage  ;  while  humanity,  manhood,  and 
patriotism,  quailed,  or  stood  irresolute  and  confounded  in  its  presence. 

The  Committee  are  satisfied  upon  evidence  before  them,  of  what  it  would 
indeed  be  injustice  to  many  of  their  fellow  citizens  to  doubt,  that  great 
numbers  of  those  present  were  indignant  spectators  of  these  scenes,  and 
would  gladly  have  aided  in  the  defence  of  the  Convent  and  arrest  of  the 
rioters,  had  any  attempt  been  made  by  either  of  the  Magistrates  or  engi- 
neers of  the  fire  department  of  Charlestown  who  were  present,  or  by  an 
engine  company,  or  any  person  having,  or  assuming  to  have,  authority  to 
rally  them  for  that  purpose  ;  but  no  voice  of  authority  was  heard,  and  no 
remonstrance,  but  that  of  timidity,  in  effect  giving  courage  to  the  assailants. 

Nor  has  any  other  satisfactory  account  been  suggested  why  the  mob  was 
not  arrested  in  its  career,  by  the  great  multitudes  by  which  it  was  surround- 
ed, than  the  supposition  that,  from  the  omission  of  magisterial  interference, 
doubt  and  mistrust  existed,  whether  the  work  were  not  so  sanctioned  by 
popular  opinion,  or  the  connivance  of  ttiose  in  authority,  that  resistance 
would  be  hopeles.s. 

The  fact  that  the  dwelling  of  inoffensive  females  and  children,  guiltless 
of  wrong  U)  the  person.?,  property,  or  reputation  of  others,  and  reposing  in 
fancied  security  under  the  protection  of  the  law,  has  been  thus  assaulted  by 
a  riotous  mob  and  ransacked,  plundered,  and  burnt  to  the  ground,  and  its 
terrified  inmates,  in  the  dead  hour  of  night,  driven  from  their  beds  into  the 
fields  ;  and  that  this  should  be  done  within  the  limits  of  one  of  the  most 
populous  towns  of  the  commonwealth,  and  in  the  midst  of  an  assembled 
multitude  of  spectators ;  that  the  perpetrators  should  have  been  engaged  for 
seven  hours  or  more  in  the  work  of  destruction,  witli  hardly  an  effort  to 
prevent  or  arrest  them  ;  that  many  of  tliem  should  afterwards  be  so  far 
sheltered  or  protected  by  public  sympathy  or  opinion,  as  to  render  the  ordi- 
nary means  of  detection  inefTectual  ;  and  that  the  sufferers  are  entitled  to 
no  legal  redress  irom  the  public,  for  t!iis  outrage  against  their  persons  and 
destruction  of  their  property,  is  an  event  of  fcarfid  import  as  well  as  of  the 
profoundest  shame  and  humiliation. 


13 

It  has  come  upon  us  iiRe  the  stiock  of  the  earthquake,  and  has  disclosed 
a  state  of  society  and  pubhc  sentiment  of  which  we  believe  no  man  was  be- 
fore aware. 

If  for  the  purpose,  of  destroying  a  person,  or  family,  or  Institution,  it  be 
only  necessary  to  excite  a  public  prejudice,  by  the  dissemination  of  false- 
hoods and  criminal  accusations,  and  under  its  sanction  to  array  a  mob  ;  and 
there  be  neither  an  efficient  magistracy  nor  a  sense  of  public  duty  or  jus- 
tice sufficient  for  its  prevention,  and  if  property  may  be  thus  sacrificed 
without  the  possibility  of  redress,  who  among  us  is  safe  ? 

The  cry  may  be  of  bigotry  to-day,  and  heresy  to-morrow  ;  of  public  usur- 
pation at  one  time,  and  private  oppression  at  another  ;  or  any  other  of  those 
methods  by  which  the  ignorant,  the  factious,  and  the  desperate,  may  be  ex- 
cited, and  the  rictim  may  be  sacrificed  without  protection  or  relief 

It  is  hoped  that  the  fearful  warning  thus  suddenly  given,  enforced  as  it 
is  by  similar  occurrences  in  other  states,  will  arrest  the  public  attention  ; 
check  the  prevailing  disposition  to  give  credence  to  injurious  and  calumni- 
ous reports  ;  will  produce  throughout  the  country  a  higher  sense  of  the 
qualifications  requisite  for  magisterial  office  ;  and  lead  to  amendments  and 
improvements  of  our  laws,  which  are  thus  found  so  sadly  defective. 

And  above  all  may  it  rebuke  the  spirit  of  intolerance  thus  unexpectedly 
developed,  so  hostile  to  the  genius  of  our  institutions,  and  unrestrained,  so 
fatal  to  their  continuance.  If  there  be  one  feeling  which  more  than  any 
other  should  pervade  this  country,  composing,  as  it  were,  the  atmosphere  of 
social  life,  it  is  that  of  enlightened  toleration,  comprehending  all  within 
the  sphere  of  its  benevolence,  and  extending  over  all  the  shield  of  mutual 
protection. 

The  Committee  trust  that  they  shall  not  be  thought  to  exceed  the  bounds 
of  propriety,  by  adopting  this  as  a  fitting  occasion  for  the  suggestion  of 
those  amendments  of  the  law,  the  necessity  of  w  Inch  is  made  particularly 
obvious  by  this  unhappy  event. 

The  first  which  they  submit,  is  forced  upon  their  consideration  by  the 
difficulties  they  have  encountered  in  their  eflbrts  to  accomplish  the  purposes 
of  their  appointment  ;  having  no  official  power  to  compel  the  attendance 
of  witnesses,  or  examination  under  oath,  or  take  any  other  requisite  meas- 
ures for  the  satisfactory  investigation  of  the  guilt  of  persons  supposed  to  be 
implicated  ;  but  against  whom  sufficient  evidence,  without  these  means, 
cannot  be  procured. 

The  only  cases,  excepting  when  the  grand  jury  is  actually  in  session,  in 
which,  under  the  existing  laws,  these  measures  can  be  resorted  to,  is  where 
a  complaint  and  arrest  have  been  made  ;  and,  as  this  complaint  must  be  the 
unofficial  act  of  an  individual,  and  being  necessarily  public,  often  exposes 
him  to  great  odium,  and,  in  many  cases,  to  personal  danger,  it  is  rarely 
ventured  upon  in  opposition  to  public  opinion  or  prejudice  ;  and  seldom  in 
any  case,  exccjiting  where  the  evidence  is  in  the  first  instance  conclusiVe, 
or  the  party  implicated  is  too  humble  to  be  accounted  a  dangerous  enemy. 

If,  on  the  other  hand,  a  bench  of  mayistrates  were  empowered  in  similar 
cases  to  compel  the  appearance  of  witnesses,  and  conduct  their  examina- 
tions under  the  authority  of  lay,  it  is  obvious  that  the  means  of  detecting 
those  concerned  in  the  commission  of  crime,  would  be  far  more  certain  and 
efficacious;   and  those  guilty  of  its  inception  and  in  tigation,  would  often  be 


14 

brought  to  that  punishment,  which  now  generally  falls  upon  the  humbler 
instruments  of  their  villainy. 

This  power  might  be  vested  in  the  judges  of  the  court  of  Common  Pleas, 
and  such  of  the  justices  of  the  peace  in  each  county  as  might  be  selected 
for  that  purpose,  and  thus  be  deposited  in  hands  free  from  danger  of  abuse. 
A  similar  one  exists  in  England,  vested  iij  magistrates  designated  for 
that  purpose  ;  and  it  is  not  known  that  it  has  ever  been  perverted  to  the 
purposes  of  oppression,  though  often  instrumental  in  detecting  criminals,who 
might  otherwise  have  escaped  with  impunity. 

The  second  improvement  which  the  Committee  venture  to  suggest  is  the 
enactment  of  a  law,  rendering  Magistrates  indictable,  whenever  guilty  of  an 
omission  to  discharge  their  duty,  in  the  prevention  of  outrage  or  crime. 

If  rulers  are  the  servants  of  the  people,  it  ought  to  be  understood  that  as 
such  they  are  accountable  for  the  nrgiext  as  well  as  the  abuse  of  their  pow- 
ers ;  that  the  authority  with  which  they  are  vested  must  be  exercised  and 
shall  be  obeyed.  And  if  men  with  no  higher  sense  of  duty  than  accounta- 
bility to  the  party,  by  whom  they  may  have  been  elected,  and  no  more  hon- 
orable fear  than  that  of  the  loss  of  office  shall  be  placed  in  authority  over 
us,  they,  the  security  of  whose  persons  and  property  may  depend  upon 
their  fidelity,  should  at  least  have  the  power  of  holding  them  to  legal  re- 
sponsibility. 

A  further,  and  perhaps  still  more  salutary  addition  to  our  subsisting  laws, 
would  be  a  provision  that  in  cases  of  destruction  of  lite  or  property  occa- 
sioned by  riot  or  tumult,  the  public  shall  be  responsible  to  indemnify  the 
sufferers  to  the  whole  extent  of  their  pecuniary  loss  ;  restoring  the  value  of 
the  property  destroyed,  and  making  suitable  provision  for  all,  whose  means 
of  support  shall  be  lost  or  impaired  by  the  personal  injury  of  themselves, 
or  of  those  upon  whom  they  may  be  dependant. 

A  provision  of  this  sort  seems  called  for  by  the  first  principles  of  justice 
and  civil  government. 

The  basis  of  every  political  community  i.s  the  surrender  of  the  right  of 
persona!  defence,  and  the  contribution  of  individual  property,  that  each 
may  enjoy  the  mutual  protection  of  all. 

it  is  a  direct  contract  between  each  individual  and  society  at  large,  in 
which  the  latter  receives  a  full  equivalent  for  the  guaranty  to  the  former  of 
security  of  life,  liberty  and  property.  It  is  therefore  the  duty  of  the  commu- 
nity to  provide  and  exercise  the  moans  necessary  for  affording  such  protec- 
tion :  and  whenever  such  means  do  not  exist  or  the  servants  entrusted  with 
them  are  faithless  to  their  duty,  the  contract  is  broken,  and  the  sufferers 
are  entitled  to  redress. 

Nor  would  the  expediency  of  such  provision  be  less  obvious  than  its  jus- 
tice, as  the  personal  interest  which  every  one  would  feel  in  this  responsibil- 
ity, would  render  him  vigilant  and  active  in  preventing  a  tumult,  the 
consequences  of  which  might  be  visited  upon  himself;  at  the  same  time 
it  would  influence  the  people  in  the  election  of  magistrates,  who  might  bo 
relied  on  in  the  hour  of  difficulty  and  danger,  as  competent  and  fearless 
in  the  discharge  of  their  duty. 

The  opinion  so  generally  prevalent  that  the  sufferers  in  this  instance 
were  legally  entitled  to  such  redress  against  the  town  of  Charlestown  or 
the  county  of   Middlesex,   is   a  striking   proof  how  well   »uch  a  provision 


16  '       • 

would  accord  with  llint  sense  of  justice,  which  vv8  hope  will  ever  distinguish 
this  community. 

But  the  provision  above  suggested,  would,  it  is  feired,  be  insufficient  for 
the  purpose,  without  the  organization  of  a  more  efficient  and  ready  force 
thau  can  now  be  called  into  action  ;  and  the  Committee  would  suggest 
the  expediency  of  legal  provision  therefor. 

It  is  probable  indeed  that  the  mere  knowledge  of  the  existence  of  such 
organization  vvould  often  of  itself  suffice  to  prevent  riot  and  tumult. 

Legislative  enactments,  however,  can  avail  but  little,  unless  a  check  be 
given  to  the  tendency  now  pervading  all  parts  of  the  country  to  refer  every 
question  io  popular  will,  instead  o^ public  laiv. 

In  Europe,  the  staff  of  the  police  officer  is  backed  by  the  sabre  of  the 
dragoon  or  the  musket  of  the  gens  d'arme  ;  but  in  our  favoured  land,  there 
is  no  immediata  force  but  the  [josse  coraitatus,  nor  ultimate  authority  but 
the  judicial  tribunal  :  the  one  wholly,  the  other  essentially,  an  appeal  to  the 
people. 

If  it  be  true  of  other  countries  that  all  power  rests  in  public  opinion,  it 
is  in  ours  alone  that  this  principle  is  fully  understood  and  acted  upon. 
Our  only  security,  thcrcforr,  is  an  enlightened  obedience  to  law  ;  to  be  en- 
forced by  all  in  conversation  end  exaniple,  as  the  highest  duty  of  patriotism  ;, 
for  upon  this  and  this  alone,  depends  the  safety  of  our  political  freedom. 

If  the  time  shall  arrive  when  popular  will  shall  take  place  of  law,  whether 
this  be  by  riots  and  tumults,  or  under  the  form  of  judicial  proceedings,  the 
grave  of  our  nation's  happiness  and  glory  will  have  been  prepared.  Life,, 
liberty,  and  property,  will  be  held  at  the  will  of  malignity,  prejudice,  and 
passion  ;  violence  will  become  the  common  means  of  self  defence  ;  and  our 
only  refuge  from  the  horrors  of  anarchy,  will  be  under  the  comparatively 
peaceable  shelter  of  military  despotism. 

The  remaining  Kul)joct  submitted  to  the  consideration  of  the  committee- 
was  the  expediency  of  raising  funds  for  the  purpose  of  indemnif/ing  the' 
sufferers. 

They  are  of  opinion  that  the  plainest  principles  of  equity  require  remu- 
neration to  be  made  ;  but  are  at  the  same  time  impressed  with  the  conviction, 
that  a  donation,  derived  from  private  contribution,  does  not  sowell  comport 
with  public  justice,  and  would  not  constitute  so  entire  and  expressive  a  vin- 
dication of  the  majesty  of  tlie  law,  as  would  a  compensation  proceeding 
from  the  Government. 

By  the  theory  of  our  institutions,  the  Magistrates  of  Charlestown  or  of  the- 
county  of  Middlesex  are  vested  with  authority,  and  have  under  their  control 
a  force  sufficient  for  the  prevf>ntion  or  suppression  of  popular  riots  and  tu- 
mults. And  if  the  fact  corresponded  with  the  theory,  that  town  or  county 
would  be  justly  responsible  to  make  good  the  pecuniary  loss  occasioned  by 
this  outrage. 

But  if  that  authority  is  insufficient  for  such  emergencies,  and  that  force 
is  defective  in  strength  or  organization,  so  that  it  cannot  be  brought  to  act 
with  promptness  and  energy,  then  the  fault  rests  with  the  whole  communi- 
ty, and  upon  them  should  fall  the  burthen  of  indemnity. 

The  committee  cannot  forbear  expressing  the  hope  that  a  public  outrage 
committed  in  such  open  and  audacious  defiance  of  the  law,  inflicting  so 
deep  a  wound  upon  the  reputation  of  the  Commonwealth  and  through  her 


16 


upon  the  hitherto  fair  fame  of  New  England,  will  receive  the  early  atten- 
tion of  the  Legishiture  ;  and  that  a  comiiiittoe  will  be  appointed  with  full 
power  to  investigate  the  character  of  this  Institution  and  the  conduct  of  its 
members,  and  to  take  measures  for  the  further  detection  of  those  implicat- 
ed in  its  destruction  ;  and  th;it  a  suitable  compensation  will  be  provided  for 
the  sufferers,  so  that  the  same  page  on  which  the  history  of  our  disgrace 
shall  be  recorded,  may  bear  testimony  to  the  promptitude  of  our  justice  to 
the  injured.  ^  ^^ 

They  lay  aside  all  questions  of  the  expediency  of  indemnifying  the  suf- 
Vrers,  as  means  of  aiding  in  the  support  of  the  Catholic  Ffiith.  Of  their 
individual  feelings  and  opinions  apon  that  subject,  their  fellow  citizens  can 
have  no  doubt  ;  but  they  look  upon  the  obligations  of  justice  as  of  higher 
import  and  more  deeply  affecting  our  welfare  as  a  political  community. 

It  is  enough  th;it  the  properly  of  a  portion  of  our  fellow  citizens,  erected 
under  the  sanction  of  the  laws,  paying  its  full  proportion  of  the  expenses 
of  Government,  and  admitted  on  all  hands  to  be  entitled  to  its  protection ; 
has  been  openly  and  wantonly  destroyed  through  the  insufficiency  of  those 
laws,  or  the  supineness  or  timidity  of  those  entrusted  with  their  execution. 

If  regard  is  to  be  had  to  the  religious  or  political  tendency  of  an  Institu- 
tion, in  determining  whether  it  be  entitled  to  protection  or  redress,  it  might 
be  hard  to  find  one  against  which  the  popular  cry  of  superstition  or  heresy 
or  corruption,  might  not  be  raised.  To  resort  to  such  considerations,  is 
the  direct  substitution  of  popular  will  or  passion  in  place  of  public  law  and 
justice.  And  if  this  cruel  and  unprovoked  injury,  perpetrated  in  the  heart 
of  the  Commonwealth,  be  permitted  to  pass  unrepaired,  our  boasted  tol- 
eration and  love  of  order,  our  vaunted  obedience  to  law,  and  our  ostenta- 
tious proffers  of  an  asylum  to  the  persecuted  of  all  sects  and  nations,  may 
well  be  accounted  vain  glorious  pretensions,  or  yet  more  wretched  hypocrisy. 

CHARLES  G.  I^OHING-,  €hairmau* 

Joseph  Evelkth, 


Chaui.es  p.  Curtis, 
Henry  Lee, 
John  Cotton, 
Hor,\ce  Mann, 
Richard  S.  Fay, 
John  D.  Williams, 
Cyrus  AlgeRj 
John  IIenshaw, 
Francis  J.  Oliver, 
Mark  Heai.y, 
Charles  G.  Greene, 
Isaac  Harris, 
Daniel  D.  Brodhead, 
Henry  F.  Baker, 
Z.  Cook,  Jr. 
Henry  Farnam, 
William  Sturgis, 
Benjamin  Rich, 
William  Hales, 


Charles  H.  Parker, 
R   C.  Winthrop, 
John  L.  Dimmock, 
J.  L.  English, 
N.ithan  Appleton, 
William  Appleton, 
David  Child, 
Samuel  K.  Williams, 
TiiEOPMiLus  Parsons, 
Edward  Blake, 
L.  Stanwood, 
Thomas  Motley, 
Henry  Gassett, 
James  Clark, 
George  Darracott, 
John  Kettel, 
Edward  D.  Suhier. 


